Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New YorkWarburton, A. F. (Adolphus Frederick)
History
Trial of the Officers and Crew of the Privateer Savannah, on the Charge of Piracy, in the United States Circuit Court for the Southern District of New York
Warburton, A. F. (Adolphus Frederick)
Piracy -- United States; Privateering -- United States; United States -- History -- Civil War, 1861-1865
_Mr. Larocque_ said, it seemed to him the idea might have occurred to
the District Attorney, that these men had not yet been convicted. The
law presumed every man to be innocent until he was proved guilty. The
counsel should not presume these men to be guilty until they were
tried. There were questions of international law involved in this case
which would be entitled to consideration. The counsel for the United
States would learn that he had misunderstood the meaning of the statute
under which these men were indicted. The prisoners' counsel were not
ready. They required documentary evidence and witnesses to be procured
from a distance. They could not be ready to go on at this term of the
Court. He submitted that a cause of this magnitude should not be
disposed of so hurriedly. What had the prisoners to do with others on
the ocean? Did the counsel for the Government desire to hurry them to
trial unprepared for the purpose of striking terror to those on the
ocean? He could not believe it to be so.
_Mr. Sullivan_ said the prisoners would not ask any further delay after
procuring their testimony. Some of the evidence could not be obtained
this side of Charleston, and it would be impossible to procure it under
three or four weeks. The case involved the legal status between the
United States and the seceded States. He opposed setting down the case
for trial on next Wednesday.
_Mr. Davega_, of counsel for the prisoners, also opposed the motion,
reiterating the statements in relation to the testimony to be procured.
_Mr. Mayer_ called the attention of the District Attorney to the fifth
count of the indictment, describing the prisoners as citizens of the
United States. His client was a citizen of Hamburg, and he would not be
ready to try the case in several weeks.
_Mr. Daniel Lord_, in behalf of Mr. Harleston, said this case involved
the lives of thirteen men. If the District Attorney supposed the law of
the case was simple, he took a very different view of it from what that
gentleman did.
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